(1.) What is challenged in these appeals filed under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) read with Section 96 of the Code of Civil Procedure, 1908 is the legality of common judgment and award dated April 1, 2003 rendered by the learned 4th Joint Civil Judge (Senior Division), Bhavnagar, in Land Reference Case Nos.162 of 1998 to 169 of 1998 by which the claimants have been awarded additional amount of compensation at the rate of Rs.25/ - per square metre for bagayat lands and Rs.15/ - per square metre for jirayat lands over and above compensation paid to them by the Special Land Acquisition Officer at the rate of Rs.1.80 Paise per square metre for bagayat lands and Rs.1.20 Paise per square metre for jirayat lands, by his award dated September 15, 1997.
(2.) The Executive Engineer, Saurashtra Branch Canal, Division - 26, Botad, proposed to the State Government to acquire the lands situated in the sim of village: Samdhiyala, Taluka: Botad, District: Bhavnagar, for the public purpose of construction of canal under Narmada Project. On perusal of the said proposal, the State Government was satisfied that the lands of Village: Samdhiyala specified in the said proposal were likely to be needed for the said public purpose. Therefore, a notification under Section 4 of the Act was issued which was published in the official gazette on July 12, 1994. The land -owners were thereafter served with the notices under Section 4 of the Act. On service of notice, they opposed the proposed acquisition. After considering their objections, the Special Land Acquisition Officer forwarded his report under Section 5A(2) of the Act to the State Government. On consideration of the said report, the State Government was satisfied that the lands of Village: Samdhiyala, which were specified in the notification published under Section 4(1) of the Act, were needed for the public purpose of construction of canal under Narmada Project. Therefore, a declaration under Section 6 of the Act was made, which was published in the official gazette on August 7, 1995. The interested persons were thereafter served with the notices for determination of compensation payable to them. On the basis of materials placed before him, the Special Land Acquisition Officer by his award dated September 15, 1997 offered compensation to the claimants at the rate of Rs.18,000/ - per hectare, i.e. Rs.1.80 per square metre, for bagayat lands, and Rs.12,000/ - per hectare, i.e. Rs.1.20 per square metre for jirayat lands though the claim of the claimants was to award them compensation at the rate of Rs.50/ - per square metre. The claimants were of the opinion that the offer of compensation made by the Special Land Acquisition Officer was totally inadequate. Therefore, they submitted applications under Section 18 of the Act requiring the Special Land Acquisition Officer to refer their cases to the Court for the purpose of determination of just amount of compensation payable to them. Accordingly, references were made to the District Court, Bhavnagar, where they were registered as Land Reference Case Nos.162 of 1998 to 169 of 1998.
(3.) On behalf of the claimants, witness Himatbhai Muljibhai was examined at Exhibit 29. The witness mentioned in his testimony that the lands acquired were even and highly fertile. According to him, each claimant was able to take different crops in three different seasons. The witness asserted that each claimant was taking crop of cotton during the monsoon season whereas crops of cumin -seeds and wheat were being raised during winter season and crop of groundnut was being raised in summer season. The witness mentioned before the Court that each claimant was able to take crop of 50 maunds of cotton as well as 20 maunds of cumin -seeds and 60 maunds of wheat as well as 40 maunds of groundnut. According to the said witness, all the claimants were selling their agricultural produces at Botad Marketing Yard. The witness produced 7/12 extracts relating to the lands acquired at Exhibits 17 to 23. The witness also produced extracts from the Register of Botad Marketing Yard indicating as to what were the prices of cotton, cumin -seeds, wheat, groundnut, etc. at the relevant time.